United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Transcription

1 New Zealand s 6 th periodic report on the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1 P a g e

2 Contents Introduction... 7 Summary of key developments... 7 Article Domestic law and compatibility with the Convention... 8 New Zealand s Constitution... 8 Constitutional development Rights of People in custody... 9 Information about charges and access to a lawyer... 9 Informing suspects of charges against them in a language they understand. 10 Detention registered Access to an independent doctor, if possible of their own choice The right to notify family members or other persons about detention Special measures to make mentally ill or disabled people aware of their rights to legal representation Rights of Minorities Safeguards to protect minorities in the criminal justice system Implementation of section 27 of the Sentencing Act Violence against women Statistics on violence against women Protective measures for women Protective orders in cases of family violence Public awareness campaigns about family violence Violence against children Statistics on child victims Cross-Government initiatives to reduce child abuse Education initiatives P a g e

3 Corrections initiatives Health initiatives Training for identification and early response to child abuse Child Helplines Online sexual abuse of children People Trafficking Statistics on people trafficking Measures to prevent people trafficking Definition of trafficking Raising awareness about people trafficking Examples of preventive work with respect to people trafficking People trafficking - victim support and protection Terrorism Suppression Amendment Act National Preventive Mechanism Article Asylum seekers Asylum seekers and extradition Detention of asylum-seekers and undocumented migrants in low security and correctional facilities; right to habeas corpus and appeal Safe third countries policy Refusal of asylum Security risk certificates continue to be issued Immigration Amendment (Mass Arrivals) Act Articles 5 to Extradition War crimes Article P a g e

4 12. Training for the judiciary and law enforcement personnel Training of relevant personnel to identify and record cases of people trafficking Training of immigration officials and medical personnel employed at immigration centres on the provisions of the Convention Training for medical personnel to recognise injuries arising from torture and illtreatment Training on the Istanbul Protocol Article Interrogation and custody rules Over-representation of Māori in prison Māori over-representation in the criminal justice system Māori in prison Strategic plan for Māori in prison Measures to reduce the over-representation of Māori in prison Women prisoners and the United Nations Rules (the Bangkok Rules) Rehabilitation and reintegration Age of Criminal Responsibility Special protection for children aged under 18 years of age Minors prosecuted in the Youth Court by type of sentence Beijing Rules and youth facilities Overcrowding in prisons United Nations Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) Prison numbers and data on the sharing of cells Changes to sentencing practices - non-custodial sentences Changes to policing practices Privatisation of prison management P a g e

5 Reduction of the time prisoners are held in custody on remand Results from measures to reduce offending/address the drivers of crime Articles 12 & Investigation of torture and prosecutions Compensation Independent Police Conduct Authority (IPCA) investigations Article Compensation to victims of torture Rehabilitation provided to victims Complaints, claims and compensation Statistics on historic cases of abuse Information about MSD s Historic Claims team and its independence Prosecutions and convictions of perpetrators, and redress to victims Claims from psychiatric patients discontinued because of a specific Supreme Court decision, and compensation awarded How compensation is dealt with where limitation restrictions bar claims Lake Alice Measures to prevent abuse reoccurring in state institutions Oversight mechanism for psychiatric facilities Publication of report on allegations of psychiatric abuse in state institutions Victims Withdrawal of reservation to Article Article Evidence Act Article Tasers The experience of Taser use, and consequences P a g e

6 Demographic data of persons against whom Taser were used Relinquishing the use of Tasers Data on the number of police officers certified to use a Taser Monitoring Updating of standard operating procedures and training Police personnel subjected to disciplinary or criminal measures for improper Taser use Complaints regarding Taser use submitted to the IPCA Complaints resulting in criminal prosecution or disciplinary action Mental health of prisoners and beds available Mental health screening of prisoners Waiting lists Steps to protect the mentally ill Measures to ensure mentally disabled people are not unreasonably restrained Seclusion Specific acts and their investigations and outcomes Instruments of restraint in prisons Denial of parole hearings General information on the national human rights situation, including new measures and developments P a g e

7 Introduction 1. New Zealand is pleased to present its sixth periodic report to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) which responds to: a. the Committee Against Torture s (the Committee s) list of issues prepared prior to the submission of the sixth periodic report, dated 12 July 2012 b. the letter from the Rapporteur for Follow-up on Concluding Observations of the United Nations Committee Against Torture (the Rapporteur), dated 7 May Summary of key developments 2. Since New Zealand s last periodic report to the Committee there have been no prosecutions for reasons of torture or trafficking. 3. Legislative changes since our last periodic report to the Committee include: a. the introduction of the Immigration Act 2009 which, among other things, prohibits expulsion to a place where people face a risk of torture b. the introduction of the Immigration Amendment (Mass Arrivals) Act 2013 which gives agencies the time needed to make enquiries into the backgrounds of groups of individuals, pending decisions on refugee or protection claims c. the introduction of the Victims of Crime Reform Bill which will enhance victims rights and role in criminal justice processes, and improve the responses of government agencies to victims of crime d. amendments to Family Court legislation to enable faster, less adversarial resolutions e. the introduction of Police Safety Orders, to protect women and their families when police cannot arrest someone for family violence due to insufficient evidence f. the introduction of a Bill to establish Victims Orders Against Violent Offenders, to reduce the likelihood that victims have unwanted contact with serious violent and sexual offenders who have offended against them g. the introduction of a Vulnerable Children s Bill with tough new measures to protect children. 4. The Government has appointed an independent advisory panel to collect public views on constitutional issues. This panel will report to the Government in In 2013, the Government broadened New Zealand s definition of trafficking. 6. New strategic priorities or Better Public Services targets have been introduced, with an accompanying increased focus on and investment in policies and programmes across government to address the drivers of crime, reduce violence against women and children, and reduce re-offending. Results are already being felt. a. Māori youth offending dropped by 32 percent between 2008 and b. The imposing of alcohol and drug treatment as a condition of sentence doubled between 2006 and c. More than 14 percent of criminal charges are now resolved by pre-charge warnings instead of proceeding to prosecution. 7 P a g e

8 d. The rate of preventable hospitalisations for Māori and Pacific children aged zero to four years of age, and who live in the most deprived areas, dropped 22 percent and 17 percent respectively between 2006/07 and 2011/ Since 2009, over 80 percent of all people convicted each year have been given a non-custodial sentence; reducing prison numbers and facilitating attachment to employment, community and family. 8. A Victims Centre was established within the Ministry of Justice on 1 July 2011 as a part of the Government s review of victims rights in the criminal justice system. 9. The Ministry of Social Development has committed to the responsible Minister that all historic abuse claims with respect to that department will be closed by the end of The post-trial period of Taser use by the New Zealand Police (since March 2010) has resulted in only 27 Taser uses per 10,000 apprehensionsm and has provided the police with a degree of protection in situations of physical threat when apprehending a violent or aggressive individual. 11. New Zealand has introduced new Standards and Guidelines since 2009 on the use of seclusion in mental health facilities. These have resulted in a reduction in the use of seclusion. Article 2 1. Domestic law and compatibility with the Convention New Zealand s Constitution Questions from the Committee: The Committee asked for more information on the enactment of comprehensive legislation to incorporate into domestic law all the provisions of the Convention, and on whether New Zealand has a mechanism to ensure the compatibility of domestic law with the Convention. 12. New Zealand implements international human rights obligations through domestic legislation, policies and practices. The New Zealand Bill of Rights Act 1990 (the Bill of Rights Act) covers primary civil and political rights. We implement other rights through subject-specific legislation, policies and practices, for example: a. the Crimes of Torture Act 1989 was amended in 2007 to give effect to New Zealand s obligations under the Optional Protocol to the Convention b. following the adoption of the Optional Protocol, the New Zealand Government designated five existing organisations to, together, fulfil the role of National Preventive Mechanism. The National Preventive Mechanism is discussed in Section 8 under Article 2, below. 13. The Bill of Rights Act applies to other legislation in four respects: a. all Government policy and legislative proposals are assessed for their consistency with the Bill of Rights Act and Cabinet must be informed about any potential inconsistencies b. the Attorney-General must bring any Bill that appears to be inconsistent with the Bill of Rights Act to the attention of the House of Representatives when the Bill is introduced 8 P a g e

9 c. to the extent reasonably possible, New Zealand courts must interpret domestic legislation consistently with international obligations and with the rights affirmed by the Bill of Rights Act d. all administrative decisions and all secondary legislation (including regulations and local authority bylaws) must be consistent with the Bill of Rights Act unless the inconsistency is clearly authorised by the empowering legislation. A court may hold secondary legislation to be unlawful if it is inconsistent with the Bill of Rights Act. Constitutional development 14. New Zealand s constitutional arrangements and legislative framework have evolved over many years and increasingly reflect regard for the Treaty of Waitangi as a founding document of modern Government in New Zealand, and a document belonging to all New Zealanders. 15. In 2010, the Government announced a consideration of constitutional issues. The terms of reference for this work includes a review of whether New Zealand needs a written constitution. It also includes consideration of Bill of Rights issues such as whether the Bill of Rights Act should be entrenched or become supreme law (with the ability to override other laws that are inconsistent with the rights it affirms). 16. The Government has appointed an independent advisory panel, representing a cross-section of New Zealand society, to collect public views on the constitutional topics. The panel will report to the Government in late The Government will then consider whether any further work on particular issues would be useful. 2. Rights of People in custody Questions from the Committee and the Rapporteur: The Committee asked for information on the steps taken by New Zealand to guarantee the rights of persons in police custody. Particular areas of interest were identified by the Committee including the prompt access of a detainee to a lawyer, being informed of the charges against them in a language that they understand, having their detention duly registered, the right to have access to an independent doctor, and the right to notify family members or persons of their own choice about their detention. The Committee indicated an interest in how these practices are implemented in New Zealand and in any restrictions that may be imposed on these rights. In addition, the Rapporteur asked for more information on the access to justice of mentally ill detainees including any special measures New Zealand takes to ensure that individuals diagnosed with mental illness, or mental or intellectual disabilities are made aware of their rights to contact an attorney and their potential eligibility for public funding for legal services. Information about charges and access to a lawyer 17. New Zealand has requirements in place to guarantee the rights of persons in police custody from the very outset of detention. 18. Any person who is arrested or detained must be told without delay, and in private, of their right to consult and instruct a lawyer. That right may be exercised without charge under the Police Detention Legal Assistance Scheme. People detained by 9 P a g e

10 the police must be informed of their rights in a language they can understand, both in writing and orally. 19. Police officers must provide suspects with an up-to-date list of lawyers practising in the area and allow them to telephone the lawyer they choose. If the suspect does not ask for a lawyer but his or her relatives do, the officer contacts the lawyer they nominate. 20. If the suspect indicates a desire to exercise his or her rights to legal advice, the interview must be stopped until the suspect has consulted a lawyer. If suspects are interviewed after arrest, they are once again advised of their rights to a lawyer prior to the interview. 21. Solicitors can meet their clients at any time. As far as practicable, communication between a suspect and their solicitor should not be overheard by anyone, including other prisoners, subject to the necessity of preventing escape. Informing suspects of charges against them in a language they understand 22. Police policy requires officers to use a suitably qualified interpreter if the suspect is not able to understand the interview in English or has a communication disability. This is a free service. 23. Non-New Zealanders taken into custody are given the option to have their embassy contacted or visits from an embassy arranged. 24. New Zealand legislation requires that children must be spoken to in a manner they understand. Detention registered 25. The New Zealand Police maintains a secure database (the National Intelligence Application) that registers all detentions. Only authorised police staff can access this database. Its integrity is maintained through random audits to ensure that all accesses of the database are appropriate. Access to an independent doctor, if possible of their own choice 26. Any suspect has the right to medical attention if required, although it is not necessarily a doctor of the suspect s choice. Police in all districts maintain a roster of medical practitioners who are available within a reasonable timeframe. The doctors are not police employees, although their costs are met by police. If a prisoner requests a specific doctor, police will contact that doctor. The right to notify family members or other persons about detention 27. Suspects are advised that with their permission, police officers will notify a relative or friend of their choice and inform them of their arrest and whether they can be bailed. If a suspect is aged under 17 years, police must inform a parent, guardian or other caregiver of the suspect s arrest, regardless of the suspect s wishes, as soon as practicable. This is a statutory requirement. 28. The Children, Young Persons and Their Families Act 1989 requires any statement made by a person under 17 years to be made in the presence of a nominated adult. The role of the nominated adult is to: a. take reasonable steps to ensure that the child or young person understands their rights as explained by the police 10 P a g e

11 b. support the child or young person before and during any questioning and while the child or young person is making any statement. Special measures to make mentally ill or disabled people aware of their rights to legal representation 29. The New Zealand Mental Health (Compulsory Assessment and Treatment) Act 1992 (MH(CAT) Act) provides a framework of rights and protections for people receiving compulsory mental health treatment. The MH(CAT) Act provides for the appointment of district inspectors of mental health who are responsible for safeguarding the rights of people under the MH(CAT) Act. District inspectors are lawyers appointed by the Minister of Health and their services are free to people who are subject to compulsory mental health treatment. There are currently 34 district inspectors of mental health throughout New Zealand. 30. District inspectors monitor services and patients mental health assessments, care, and treatment under the Act to ensure every person has the opportunity to appeal and seek review of their treatment both clinically and legally. 31. The Director of Mental Health is a statutory role under the MH(CAT) Act that sits within the Ministry of Health. The Director can ask a district inspector to investigate or conduct an inquiry into the treatment of an individual under the Act, or into wider issues related to the mental health service. 32. Guidelines for the role and activities of district inspectors are issued by the Director- General of the Ministry of Health under the Act. 33. District inspectors can also be designated to safeguard the rights of people subject to a compulsory care order under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the ID (CC&R) Act). They can visit and inspect facilities, handle and resolve complaints of breaches of the rights of care recipients, conduct inquiries and investigations into any alleged breach of duty by a director, employee, or agent of a service, and assist with inquiries by High Court judges if requested to do so. 34. District inspectors are required to report on their activities to the Ministry of Health each month. 35. Clients of mental health services and care recipients can complain about their treatment to the Health and Disability Commissioner, who has powers to investigate under the Health and Disability Commissioner Act Health and Disability advocates are available to support people to make a complaint. Their services are free. 3. Rights of Minorities Questions from the Committee: The Committee requested information on the safeguards New Zealand has put in place to protect the rights of minorities from discrimination and marginalisation, including bias in the criminal system, with a view to reducing their risk of torture and ill-treatment. The Committee also asked for information on the implementation of section 27 of the Sentencing Act 2002 which provides for the courts to hear submissions relating to the offender s community and cultural background, and its results. 11 P a g e

12 Safeguards to protect minorities in the criminal justice system 36. The rights of minority groups in the criminal justice system are supported by carefully designed processes in the court and corrections systems. 37. Everyone prosecuted for an offence has access to legal representation. Legal representation can involve a lawyer of the person s choice (including from their own cultural background) and, if necessary, an interpreter. For legal-aided defendants facing less serious charges, Legal Aid Services appoints an approved lawyer. For more serious charges, the legal-aided defendant can choose their lawyer, provided that they are approved as a legal aid lawyer. 38. People charged with an offence punishable by imprisonment of two years or more have the right to trial by a jury of 12 people. The jury is chosen from a cross-section of the community from a range of ethnic or national origins. A lawyer may challenge a potential juror in court before the person reaches the jury box. This allows lawyers (from both the prosecution and the defence) to ensure that there is adequate representation of different ethnic and national groups on the jury. 39. Everyone has the right to address the court in Te Reo Māori or New Zealand sign language. These, along with English, are official languages in New Zealand. People wishing to address the court in another language can make an application to the court for an interpreter. The courts pay for all interpretation and translations delivered in the court. 40. In New Zealand there is legislative provision for the use of restorative justice at various points in the criminal justice system including in family group conferences for young people, pre-sentence, following a guilty plea, post-sentence and as part of the Police Adult Diversion Scheme. The practice of restorative justice is part of the mainstream system but also aligns with some tikanga Māori/Māori customs; in particular: a. the opportunity for the victim to meet the offender face-to-face, if they agree to this, to take responsibility for their actions, and understand the consequences of their actions b. the inclusion of whānau/family. Implementation of section 27 of the Sentencing Act Section 27 of the Sentencing Act 2002 provides for the courts to hear submissions relating to the offender s community and cultural background and its results. This initiative aims to address the causes of offending prior to sentencing, hearing from extended family members about the support available for the defendant and increasing the availability and effectiveness of appropriate alternative sentences. There have been 11 recorded cases of a hearing under section 27 since We know of at least another 15 other cases based in the Kaikohe District Court known as the Matariki Court. This is a judicial initiative run together with the Ngapuhi Trust. When an offender is awaiting sentencing the Trust has a consultation programme with the offender, the offender s extended family, and any other related parties. The Judge can direct the Trust to provide a report to the court. These cases have not been recorded as part of the use of section 27, however. Given the difficulties of recording data on the use of this initiative, we are not in a position to provide accurate statistics of utilisation or results. 43. The Ministry of Justice is exploring ways to record section 27 cases more effectively. 12 P a g e

13 4. Violence against women Questions from the Committee: The Committee asked for statistical data to be provided on the number of incidents of violence against women including domestic violence since the consideration of the last periodic report in 2009, including the number of complaints, investigations, prosecutions of alleged perpetrators and convictions, penalties applied to those found guilty, and a breakdown of ethnicity of the victims of violence, rates of reporting and prosecution of violence against women, and whether women victims were accorded adequate redress. Also requested is information about the additional protective measures New Zealand has put in place for women since 2009, and about whether police are able to issue protective orders. Information is sought on public awareness campaigns aimed at preventing violence against women that have been undertaken since Statistics on violence against women 44. New Zealand takes violence against women very seriously, as the measures outlined in this section of our report demonstrate. 45. Data collated by the New Zealand Family Violence Clearinghouse (NZFVC) for the New Zealand Families Commission, reproduced in tables 1a to 1f below, shows that ( a. in 2011 there were 7,896 recorded male assaults female offences and 5,232 recorded offences for breaching a protection order (not necessarily intimate partner violence) b. sixty-six percent of all prosecutions in 2011 for male assaults of a female resulted in a conviction; 54 percent of which were given a community sentence and 30 percent of which received a custodial sentence c. of apprehensions in 2012 for sexual assault against an adult women, 78 percent were prosecuted d. the New Zealand Police recorded 87,622 family violence investigations in 2012; 72 percent of which involved a male offender; just under 50 percent of which had at least one offence recorded. Table 1a: Male Assaults Female and Breach of Protection Order Offences TOTAL RECORDED MALE ASSAULTS FEMALE OFFENCES Number of resolved Male Assaults Female % of recorded offences 93% 92% 92% TOTAL RECORDED OFFENCES FOR BREACHING A PROTECTION ORDER Number of resolved breaches of Protection Order offences % of recorded offences 90% 88% 91% Source: New Zealand Police published in NZFVC Data Summary: Violence Against Women P a g e

14 Table 1b: Prosecutions and Convictions for Male Assaults Female NUMBER OF CHARGES PROSECUTED Number of convictions 3,562 3,572 4,084 4,851 4,867 4,602 4,306 % of charges prosecuted 56% 57% 57% 62% 61% 63% 66% Source: District Court published in NZFVC Data Summary: Violence Against Women 2013 Table 1c: Convictions and Sentence Outcomes for Male Assaults Female TOTAL SENTENCES Number of custodial sentences ,015 1,281 1,227 1,378 1,302 % of total sentences 25% 25% 25% 26% 25% 30% 30% Number of community sentences 1,849 1,772 2,162 2,649 2,769 2,498 2,333 % of total sentences 52% 50% 53% 55% 57% 54% 54% Number of other sentences % of total sentences 23% 25% 22% 19% 18% 16% 16% Source: District Court published in NZFVC Data Summary: Violence Against Women 2013 Table 1d: Apprehensions for Sexual Assault Against Adult Women (>16 years) TOTAL APPREHENSIONS Apprehensions that were prosecuted % of total apprehensions 67% 79% 77% 76% 80% 78% 80% 78% Source: New Zealand Police published in NZFVC Data Summary: Violence Against Women 2013 Table 1e: Prosecutions and Convictions for Sexual Violence Against Adult Women (>16 years) NUMBER OF CHARGES PROSECUTED 1,049 1,084 1,057 1,080 1,263 1,158 1,087 1,247 Number of convictions % of charges prosecuted 38% 36% 34% 32% 35% 38% 37% 34% Source: District Court published in NZFVC Data Summary: Violence Against Women P a g e

15 Table 1f: Family Violence investigations TOTAL NUMBER OF FAMILY VIOLENCE INVESTIGATIONS 79,257 86,762 89,885 87,622 Investigations with at least one offence recorded 42,518 45,498 44,495 41,187 Investigations with no offence recorded 36,739 41,264 45,390 46,435 Number of children linked to FV investigations 73,121 87,368 94, ,293 Investigations where at least one child aged ,576 44,433 47,987 50,708 was linked to the investigation TOTAL NUMBER OF OFFENDERS LINKED TO FV 36,575 37,958 35,516 31,423 INVESTIGATION Male 26,821 73% 27,363 72% 25,237 71% 22,666 72% Female 6,960 19% 7,645 20% 7,089 20% 6,407 20% Other / Unknown 2,794 8% 2,950 8% 3,190 9% 2,350 7% Source: New Zealand Police published in NZFVC Data Summary: Violence Against Women Data also shows that 91 percent of all applicants for a protection order under the Domestic Violence Act are women (2,776 out of 3,044 in 2011). In that same year, 88 percent of respondents of protection order applications were male, 39 percent were European/pakeha, 28 percent were Māori, seven percent were Pasifika, and 21 percent were unknown (Source: Family Court data, Ministry of Justice, published in NZFVC Data Summary: Violence Against Women 2013). 47. Of the 2,273 women in 2011/12 who accessed a safe house service 43 percent were European/pakeha; 47 percent were Māori and six percent were Pasifika (Source: National Collective of Independent Women s Refuges annual reports, published in NZFVC Data Summary: Violence Against Women 2013). 48. To put the statistics into context, there were an estimated million males aged 15 years and over and million women in this age group in New Zealand, in 2011 (Source: Statistics New Zealand, derived from Census 2006 data). Māori make up about 14 percent of the general population. 49. People of Māori ethnicity are at greater risk of being both perpetrators and victims of violent crimes. Econometric analysis carried out by one of New Zealand s leading social researchers shows that ethnicity is, however, not significantly related to risks of perpetrating or being a victim of interpersonal violence when due allowance is made for social, family and related factors (Fergusson DM. Ethnicity and Interpersonal Violence in a New Zealand Birth Cohort. In Hawkins, Darnell F. (Ed). Violent Crimes: Assessing Race and Ethnic Differences. Cambridge: Cambridge University Press, 2003, pp ). 50. Data from Statistics New Zealand s General Social Survey show that Māori have a higher prevalence compared with other ethnicities of having one or more risk factors in their families including: having a low economic standards of living, living in a high deprivation area, having poor mental and/or physical health, being a victim of crime in the last year, and living in overcrowded housing (Statistics New Zealand. October Vulnerable Children and Families: Some Findings from the New Zealand General Social Survey). 15 P a g e

16 51. The New Zealand Police is currently developing a new dataset on victims which will form part of New Zealand s key dataset and will provide comprehensive and comparable data in one place relating to violence and family violence against women. The completion date for this work is Protective measures for women 52. New Zealand is improving the protection of women through legislation, policy priorities, and additional funding for initiatives on the ground. Key measures underway or recently implemented are listed below. a. Better Public Service targets - the Government is working to reduce the rate of violent crime, including family violence, by 20 percent (around 7,500 fewer violent crimes each year) by 2017 relevant initiatives are discussed throughout this report. b. Family Court Proceedings Reform Bill, currently being considered by Parliament, proposes to increase the maximum penalty for breaching a protection order from two years to three years imprisonment, improve family violence treatment programmes delivered through the Family Court, and extend the definition of domestic violence in the Domestic Violence Act to include economic abuse. These changes will encourage faster, less adversarial resolution of disputes, and enable the Family Court to focus on the most serious cases. The court s processes and rules will be clarified, providing greater certainty for users, and making it easier for them to understand and navigate the court system. c. The Victims' Orders Against Violent Offenders Bill was introduced in May This Bill will establish a new civil non-contact order to reduce the likelihood of victims having unwanted contact with the serious violent and sexual offenders who have offended against them. d. Taskforce for Action on Violence within Families - this cross-government initiative implements a new Programme of Action each year. The 2013 Programme of Action focuses on improving primary prevention, evaluating the effectiveness of secondary and tertiary interventions, and exploring the merits of a national training framework to upskill the family violence workforce. e. Additional funding has been provided through Budget 2013 for a range of programmes and initiatives that support women and families at risk of family violence. Protective orders in cases of family violence 53. Any person who is, or has been, in a domestic relationship with another person may apply to the court for an order to protect themselves from that person if violence occurs. 54. Since July 2010 Police Safety Orders (PSOs) have been available to police to help them support the safety of people at risk and their children. A PSO may be issued when police attend a family violence incident and do not arrest a person for family violence (due to insufficient evidence), but have reasonable grounds to believe that a PSO is necessary to ensure the safety of the person at risk and any child usually residing with them. The police must also consider other matters before issuing the PSO, including: whether or not family violence has or is likely to take place the welfare of the children 16 P a g e

17 the hardship that may be caused if the order is issued. 55. A PSO may be issued for a period of no more than five days. If the bound person does anything that is not permitted by the PSO, the police can take the person in custody and put them before the Criminal Court. 56. PSOs have been well received by police and the community and are generally being executed as intended; strengthening the range of responses available to police when attending family violence incidents. Public awareness campaigns about family violence 57. Two public awareness campaigns are being progressed under the umbrella of the Taskforce for Action on Violence within Families: Programme of Action. 58. New Zealand supports the global White Ribbon campaign, which is led by men who condemn violence against women, and want to take action. The simplest way to support the campaign is to wear a white ribbon as a personal and public pledge to never commit, condone or remain silent about violence towards women. 59. The it's not ok campaign, launched in 2008, focuses on people who have changed their violent behaviour towards women and children, and encourages others to ask for help. The campaign has played a key role in mobilising communities to get involved in family violence prevention and is built around three key elements: community action, communication, and research. Research in 2010 revealed that 58 percent of people who recall the it's not ok campaign have taken some kind of action as a result, up from 31 percent in Violence against children Questions from the Committee: The Committee asked for data disaggregated by gender and ethnicity on child victims of sexual exploitation and other abuses, as well as information on legislative and other steps taken by New Zealand to prevent and eradicate violence, sexual abuse, neglect, maltreatment or exploitation of children within the family, in schools, and in institutional or other care. Also requested is information on the legislation and other steps New Zealand is taking to prevent and eradicate child abuse. Specific areas of interest include the training of professionals to report and take appropriate action in suspected cases of domestic violence against children. The functioning and efficiency of the child helplines is also queried, including whether they are accessible 24 hours a day and are free of cost. 60. The causes of child maltreatment are complex and associated with multiple risk factors, which can be seen in some individuals and households. Children s vulnerability to maltreatment is discussed in pages 32 to 38 of Volume II of the White Paper for Vulnerable Children Some of these risk factors particularly impact on the Maori population, which will account for some of the greater contact with the child protection system and the higher rates of substantiated physical abuse. 61. Section 4 about violence against women also discusses the drivers of the higher violence statistics in Māori families.significant resourcing and new measures are in place to address our child abuse statistics. 17 P a g e

18 Rate per 10,000 population Statistics on child victims 62. In 2011/12, there were 6,750 substantiated cases of child abuse for children aged zero to four years old, equivalent to 215 cases per 10,000 children of that age: a. the rate for Māori children remains consistently higher than the rate for Pacific and other children. In 2011/12, there were 3,618 substantiated cases of child abuse of Māori children aged zero to four years, equivalent to almost 400 cases per 10,000 Māori children in this age group b. this rate is 1.9 times higher than the rate for Pacific children, and 3.1 times higher than the rate for other children in this age group. 63. The number of children zero to four years of age who are hospitalised for intentional injuries fluctuates from year to year: a. the total number decreased from 107 in 2010/11 to 63 in 2011/12 b. intentional injury hospitalisation rates for Māori were 1.5 times higher on average than Pacific children, and four times higher than the rate for other children aged zero to four years from 2006/07 to 2011/ The total rate of substantiated cases of child abuse for five to nine year olds increased by 22 percent from 2006/07 to 2011/12, but has decreased since peaking in 2010/11 (illustrated in Figure 1): a. the rate of substantiated cases of child abuse for five to nine year olds continues to be highest among Māori. In 2011/12, there were 333 substantiated cases of child abuse per 10,000 Māori children in this age group b. this rate was 1.7 times higher than the rate for Pacific children and 3.5 times higher than the rate for other children. Figure 1: Substantiated cases of child abuse per 10,000 population for children aged five to nine years old: 2006/07 to 2011/ / / / / / /12 Māori Pacific Non-Māori/non-Pacific Total Source: Ministry of Social Development 65. There is a high co-occurrence (30 to 60 percent) of partner abuse and child abuse, resulting in intentional injuries such as assault and homicide. Cross-Government initiatives to reduce child abuse 66. Reducing violence against children is one of the Government s top ten Better Public Services result areas and targets. By 2017, we intend to halt the 10-year rise in children experiencing physical abuse. We aim to bring down the projected number of 18 P a g e

19 4,000 children expected to experience substantiated physical abuse in 2017 to 2,936: a reduction of 25 percent in otherwise projected numbers for that year. 67. The Children s Action Plan for Vulnerable Children, published in October 2012, includes: a. introducing a Vulnerable Children s Bill which puts in place a child-centred approach and tough new laws to protect children b. making it easier to report child abuse or raise concerns about children, by: increasing public education about recognising and reporting abuse requiring agencies to have policies and reporting systems in place to recognise and report child abuse and neglect introducing a Child Protect line for the public to report concerns by phone, , text or online c. creating a secure information system in order to connect the most vulnerable children to services earlier and better, supported by information sharing, risk profiling and tracking systems, and the monitoring of high-risk adults d. establishing multi-disciplinary Children s Teams to identify vulnerable children and link them to services e. sharing accountability across government for vulnerable children and for improving the outcomes of children in state care f. ensuring a safe and competent children s workforce through: new obligations for vetting and screening those who work with children establishing minimum standards and core competencies for inclusion in organisations employment, contracting and audit obligations. This will apply to professionals such as teachers and social workers who work with children g. introducing legislation to restrict people who pose a high risk to the safety of children from living or associating with children. 68. All of the actions contained in the Children s Action Plan for Vulnerable Children above will have been completed by 2017, with the majority implemented by the end of Education initiatives 69. The Taskforce for Action on Violence within Families (first mentioned in Section4 of this report) includes work on violence against children. This Taskforce renews its Programme of Action each year. In 2013, the Taskforce is producing guidance for schools on quality programmes for students addressing relationship violence and promoting respectful gender relations. 70. Social workers in schools provide early assistance and intervention for children and their extended family. It aims to prevent social problems from becoming more serious and creating a barrier to learning. The social workers are employed by non- 19 P a g e

20 government organisations and are based on low-decile primary, intermediate and secondary schools. Corrections initiatives 71. The Department of Corrections, which manages New Zealand s prisoner population, offers programmes for offenders that aim to reduce violence in the home and address child abuse, for example: a. Kia Marama and Te Piriti prison based treatment programmes for those who have committed sexual offences against children b. community-based rehabilitation programmes for those who have committed sexual offences against children c. funding of 45 community providers to provide domestic violence treatment programmes to offenders in the community. d. Tikanga Māori programmes that foster cultural identity to encourage Māori offenders to address their offending needs e. Parenting Skills programmes for prisoners f. the Storybook Dads programme, which provides opportunity for fathers in prison to reconnect with their families and build relationships with their children by sending DVD s of the dads reading storybooks to their children g. the Mt Eden Corrections Facility, currently New Zealand s only contract-managed prison, has a Children and Whānau (extended family) Pathway that allows prisoners to access a range of programmes and structured activities aimed at providing them with skills to manage behaviours harmful to children. Health initiatives 72. The health sector has in place a number of initiatives that aim to prevent or reduce violence against children including: a. a national programme to prevent shaken babies b. a National Child Protection Alert System, which enables clinicians to share information between hospitals where there are child protection concerns, using the Ministry s National Medical Warning System register. Seven of the 20 district health boards had implemented this system as at 30 June Training for identification and early response to child abuse 73. The New Zealand Police receives initial and regular refresher training about suspected child abuse at all levels of the organisation, from entry at recruitment through to specialist groups. 74. The Department of Corrections offers a family violence training course for community probation officers. From June 2013, Corrections is also training community probation staff to identify and reduce the incidences and impacts of family violence. 75. The Ministry of Health funds the Violence Intervention Programme which works to establish systems to support health professionals (as part of routine healthcare practice) to identify, assess and refer victims of partner abuse and child abuse and 20 P a g e

21 neglect. The focus is on presentations to: child and maternity services, mental health, sexual health, and alcohol and drug services, and emergency departments. 76. The Ministry of Health is leading the drafting of a report in 2013 on the merits of developing a national training framework to: provide a consistent framework to up-skill the family violence workforce set out core competencies and common training requirements align with existing training infrastructures prioritise training investment in areas of greatest need. Child Helplines 77. Healthline (advice for sick or symptomatic people) and PlunketLine (advice about children under the age of five years) are free of charge to callers on landlines or cellphones throughout New Zealand. Both services operate 24/7 and all calls are answered by registered nurses. Both services routinely meet their key call answering performance targets, with more than 80 percent of calls answered within twenty seconds and fewer than ten percent of calls abandoned by callers before being answered. 78. There is an effective operational interface between these two services, as well as between these services and the Ambulance Communication Centres and other specialist telephone advisory services. 79. A Child Protect line is to be launched by 2014 for the public to report concerns about child abuse by phone, , text or online. Online sexual abuse of children 80. New Zealand has been active in combating the abhorrent crime of online sexual abuse of children, in which children are re-victimised over and over by the international dissemination of this illegal material. New Zealand has joined the Global Alliance against Child Sexual Abuse Online, headed by the European Union and the United States, which is focused on combating this crime. 81. As part of the global alliance, relevant New Zealand agencies are working together as a task force to share information on persons of interest, to improve the identification of victims and increase efforts to investigate online offending and prosecute offenders. As a result of New Zealand s participation in the international sexual exploitation database, agencies have recently identified six victims in New Zealand and have been able to identify and rescue four victims in the United Kingdom. Child pornography 82. The Objectionable Publications and Indecency Legislation Bill, introduced in 2013, reflects the Government s commitment to increase the penalties for producing, trading or possessing child pornography, and for providing greater protection for children from child pornography and related offending, including: a. increasing the maximum penalty for possession, import or export of an objectionable publication from five years to 10 years imprisonment b. increasing the maximum penalty for distributing or making an objectionable publication from 10 years to 14 years imprisonment 21 P a g e

22 c. creating a presumption of imprisonment for repeat offenders - any person convicted of a child pornography offence for a second time will be sentenced to a term of imprisonment d. making it clear in the Classification Act that possession of objectionable material includes intentionally viewing electronic material without consciously downloading or saving it e. creating a new offence of indecent communication with a child (anyone under the age of 16 years). 6. People Trafficking Questions from the Committee: The Committee asked for information about the measures New Zealand is taking to combat people trafficking including the implementation of the Plan of Action to Prevent People Trafficking and the actions of the Interagency Working Group on People Trafficking. Data is also requested on the number of people who have been trafficked in New Zealand since Statistics on people trafficking 83. No victims of trafficking have been identified in New Zealand since New Zealand s previous periodic report in 2009, and no cases of people trafficking have been prosecuted by the New Zealand Government. Measures to prevent people trafficking 84. New Zealand s record on trafficking issues within our borders indicates that our commitment to deter, prevent and punish any illegal activity of this type is working. Nevertheless, we are not complacent. 85. The New Zealand Government takes a strong stance on the issue of people trafficking. We have in place comprehensive legislation that covers offences associated with people trafficking crimes. These include measures to punish abduction, assault, kidnapping, rape, engaging underage prostitutes, coercing prostitutes, and exploiting workers. 86. In New Zealand, trafficking penalties are comparable to murder and rape: imprisonment for up to 20 years or a fine of $500,000, or both. 87. The New Zealand Plan of Action to Prevent People Trafficking was released in The key components of this Plan of Action include defining the trafficking of people, raising awareness, prevention, and victim support and protection. Definition of trafficking 88. New Zealand s definition of people trafficking complies with our international obligations. We recognise, however, the need to keep our legislation current. In June of 2013 the Government agreed to broaden the definition of trafficking and ensure that the use of an "exploitative purpose" is covered as a means of trafficking. Raising awareness about people trafficking 89. One of the key goals of the New Zealand Plan of Action to Prevent People Trafficking relates to raising awareness among officials and targeted community groups about people trafficking indicators and anti-trafficking procedures. 22 P a g e